 Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired...  The Southwestern Reporter - Page 361907Full view - About this book
 | Illinois. Supreme Court - Law reports, digests, etc - 1915 - 734 pages
...further invokes section 59 of the Negotiable Instrument act of 1907, (Hurd's Stat. 1913, p. 1682,) which provides that every holder is deemed prima facie to be a holder in due course, but when it is shown that the title of any person who has negotiated the instrument was defective,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1912 - 666 pages
...any infirmity in the instrument or defect in the title of the person negotiating it." By section 1611 that: "Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1910 - 688 pages
...1470.) To the same effect is our statute (section 1611, Comp. Laws 1907), which provides: "Every 3 holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective,... | |
 | Law reports, digests, etc - 1908 - 1282 pages
...SAME. The negotiable instruments act (Law? 1002. p. 87. c. 130. § 59 ; Code Supp. 1907, 8 3(lWa59) provides that every holder is deemed prima facie to be a holder in duo course ; but. when it is shown that the tille of any person who has negotiated the instrument was... | |
 | Law - 1914 - 448 pages
...shifted to the plaintiff. The 59th section of the Negotiable Instruments Act of May 16, 1901, PL 194, provides that " every holder is deemed, prima facie, to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective,... | |
 | Law reports, digests, etc - 1911 - 1164 pages
...rendered in favor of the defendant The plaintiff appeals. The court, among other things, charged the jury that every holder is deemed prima facie to be a holder in due course ; that by "holder in due course" is meant one who becomes a holder of the instrument before it is overdue,... | |
 | Law reports, digests, etc - 1910 - 1168 pages
...conditions: * * * (3) That he took it In good faith and for value. • • * " Page 300. "Sec. 59. Every holder Is deemed prima facie to be a holder In due course. * • • " Page 351. AVhen we consider that It was the object of the negotiable instruments act to... | |
 | Law reports, digests, etc - 1911 - 1164 pages
...accommodation note, would not constitute a defense against a holder in due course, and section 78 declares that "every holder is deemed prima facie to be a holder in due course." Section 71 defines a holder in due course: (1) The Instrument must be complete and regular on its face.... | |
 | Law reports, digests, etc - 1915 - 1116 pages
...plaintiff obtained the note before maturity and in due course of business. General Statutes, 4229, provide that: "Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective,... | |
 | Law - 1912 - 440 pages
...is not now an essential averment of pleading, because the 5gth section of the act of 1901, PL 194, provides that "every holder is deemed, prima facie, to be a holder in due course." The same section further provides that "when it is shown that the title of any person who has negotiated... | |
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